Digital Download Terms
These terms may have changed since you last reviewed them.
1. These Terms
1.1. These are the terms and conditions on which we supply digital content to you when purchased and downloaded through our website https://infinitesamples.com (Site).
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. About us and our products
2.1. You can find everything you need to know about us, Infinite Samples Ltd, and our digital products on our website before you place an order.
2.2. You can contact us by emailing our customer service team at info@infinitesamples.com.
2.3. If we need to contact you, we will do so by using the contact information you have provided to us when submitting your order i.e., email and/or telephone.
3. Business customer?
3.1. We only sell to businesses, and you should not purchase from our website or download anything if you are a consumer under the laws of England and Wales. Note that all our customers are deemed to be business customers due to our subscription models which are explained in our [https://infinitesamples.com/end-user-licence/] as these are not available to sale to anyone for personal use. Even if you are an individual, you can still purchase from our site if you are buying products wholly or mainly for use in connection with your trade, business, craft, or profession because this makes you a business customer. In some areas, you will have different rights under these terms, and applicable laws and regulations, depending on whether you are a business or an individual consumer.
3.2. These terms constitute the entire agreement between us in relation to your purchase, together with any documents referred to in them, for example, the end user licence agreement. You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
4. Accepting orders
4.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Once an order is accepted, we will assign it an order number.
5. Rejecting orders
5.1. In some situations, we may need to reject an order. If this happens, we will inform you and you will not be charged for the order.
6. Suspending orders
6.1. In some situations, we may need to suspend an order and the supply of our digital products to you. This could be because we need to deal with a technical problem or make minor technical changes and/or update the product to reflect changes in relevant laws and regulatory requirements.
6.2. Should we need to suspend an order, we will inform you as soon as is reasonably practicable.
7. Providing the products
7.1. The product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
8. Our rights to make changes
8.1. You acknowledge and agree that we may update or require you to update the digital content purchased from us, provided that the digital content shall always match the description of it that we provided to you before you bought it.
9. Price and payment
9.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 13.3 for what happens if we discover an error in the price of the product you order.
9.2. If the rate of VAT changes between your order date and the date we supply the digital content, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
9.3. We accept payment with major credit/debit cards/Apple Pay, and for digital content, we charge you when you order and you must pay for the products before you download them or use credits as appropriate. However, for some products, we take payment at regular intervals, as explained to you during the order process and as we have repeated here:
9.3.1. The subscription is for a minimum 90-day period (quarterly), whichever subscription plan you choose.
9.3.2. You can cancel your subscription plan here. Cancellation of your chosen plan will take effect at the end of the period of your chosen plan, i.e., at the end of 90 days from the date you ordered the plan (Billing Cycle). At the end of your chosen plan, all of your unused Credits will no longer be available to you and will expire at the end of the Billing Cycle. Site access will be available for a period of up to 2 months after the end of the Billing Cycle, but you shall have no access to any functions. However, you can subscribe again within that time period, and your dashboard and setup will remain intact. For the avoidance of doubt, it will be lost if you do not re-subscribe within such a time period.
9.4. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).
9.5. If we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
10. Credits
10.1. Your subscription model entitles you to receive a specified number of credits, which can be used to download samples. One sample will be worth one credit (Credit).
10.2. Credits cannot be transferred or sold.
10.3. You may use Credits, granted to you on a quarterly basis by way of purchasing one of our subscription models, to download digital content on our website.
10.4. Once you have used a Credit to purchase and download digital content and you have begun to download the digital content, you will lose any right you might have to cancel or change the use of that Credit, meaning that you will not be able to change or cancel the digital content you have downloaded.
10.5. One credit entitles you to one download.
11. Billing Cycles
11.1. If you have purchased one of our subscription models and subsequently cancel the subscription model in accordance with these terms, you will still have access to the digital content up until the date in which you would have paid the subscription fee. For example, if you purchase a subscription plan on 01 April and then cancel it before the next billing date (i.e., 01 July), you will still have access to the digital content until 01 July.
11.2. By providing your payment details, you acknowledge and agree that we will charge you every quarter (90 days), on a recurring basis, until you cancel in accordance with these terms and conditions. If you cancel, you may use your credits until the end of that Billing Cycle. You will lose any credits after this period, and clause 9.3.2 applies. We will continue to collect payments until you or we cancel this contract, even if you do not use your credits each quarter.
11.3. If we are unable to collect payments, we may immediately suspend your account, credits, and downloads. If you need to change your payment method, you need to ensure this is up to date at all times to ensure access to your credits and ability to download from our website. You will have up to the end of the Billing Cycle to correct your account details; otherwise, clause 9.3.2 applies. For the avoidance of doubt, upon non-collection of payment, your account is immediately suspended and all functionality will be lost until payment is updated in accordance with this clause 11.
12. Cancelling your subscription model
12.1. You may cancel your subscription model at any time through your user account or by contacting our customer services team.
12.2. Should you cancel your subscription model before the next billing date, you will not receive a refund of any licence fees already paid for the period of your subscription.
12.3. Clause 9.3.2 applies on cancellation by you.
12.4. If we cancel your subscription for any reason, then at our discretion you shall either be entitled to:
12.4.1. Use your remaining credits for a period of 3 months from the date of notice of us terminating your subscription; or
12.4.2. You will be refunded an amount based on the following calculations:
12.4.2.1. If you purchased a specific number of Credits and all of those Credits remain unused at the time of termination, you shall be entitled to a full refund equivalent to the price paid for those Credits; or
12.4.2.2. If you purchased a specific number of Credits but only a portion of those Credits remain unused at the time we issue the notice of termination, the refund amount shall be calculated proportionally. You shall receive a refund equivalent to the percentage of unused Credits relative to the total Credits purchased, multiplied by the price paid for those Credits.
12.5. For the avoidance of doubt, on cancellation by either party, any content which you have downloaded shall be usable by you after such cancellation but at all times can only still be used in accordance with the licence agreement.
13. Termination
13.1. If the digital product is faulty or not as described, you may have a legal right to end the contract (or to have the digital content repaired or replaced or to get a full or partial refund).
13.2. You CANNOT change your mind for digital products after you have started to download or stream them or, for sealed audio, sealed video recordings, or sealed computer software, once these products are unsealed after you receive them.
13.3. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided, and you may also be entitled to compensation:
13.3.1. We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
13.3.2. We have suspended an order and have notified you that the suspension is for technical reasons and for a period of more than 14 days; or
13.3.3. You have a legal right to end the contract because of something we have done wrong.
13.4. If you want to end the contract for a reason that is not our fault and there is no right to change your mind, you may still be able to cancel; however, we may charge compensation, and you will need to contact us to inform us. A termination of the contract under this clause 13 is at our sole discretion.
14. How to Terminate
14.1. To terminate the contract in line with clause 13, please let us know by emailing us and providing details of you and your order to info@infinitesamples.com.
15. Refunds
15.1. If you are entitled to a refund under the terms of this agreement, we will refund you the price you paid for the digital content (unless it is a partial refund), by the method you used for payment, as soon as reasonably practicable. If you have exercised your right to change your mind, we will issue a refund within 14 days of you informing us you have changed your mind.
16. Questions or complaints
16.1. If you have any questions or complaints about the digital content on our site and/or which has been downloaded, please email our customer service team on info@infinitesamples.com.
17. Additional Terms
17.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, person, business, or entity.
17.2. If you are a business customer, you may only transfer your rights under this agreement if we provide prior consent in writing.
17.3. Nobody else has any rights under this agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4. If a court or authority finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
17.6. The terms of this agreement and any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18. What can you do with the digital download?
18.1. Use of the digital download is at all times subject to the terms of the licence agreement, the terms of which shall continue after termination, suspension, cancellation, or otherwise of this contract or any contract between us.